M&E Global (Staffing) Solutions Ltd & Anor v Tudge & Ors [2016] EWHC 597 (QB) (17 March 2016)

M&E Global (Staffing) Solutions Ltd & Anor v Tudge & Ors [2016] EWHC 597 (QB) (17 March 2016)

The restrictive covenant is enforceable as it protects legitimate business interests and is reasonably necessary; there is a serious issue to be tried regarding misuse of confidential information and unfair advantage; damages would not be an adequate remedy; the balance of convenience favours granting interim relief.

Citation
[2016] EWHC 597 (QB)
Parties
Applicant/claimant: M&E Global (Staffing) Solutions Limited; Applicant/claimant: M&E Global Resources Limited; Respondent/defendant: Mr Russell Tudge; Respondent/defendant: Mr Johnny Oaks; Respondent/defendant: Mr Stuart McIntosh; Respondent/defendant: Mr Michael Kobicke; Respondent/defendant: DSG Service Gesellschaft mbH; Respondent/defendant: DSG Personal Services GmbH; Respondent/defendant: J&M Maintenance & Logistics Services Limited
Jurisdiction
England and Wales
Judgment Date
17 March 2016
Procedural Posture
Interim Application for Injunctive Relief / Interim Relief Hearing Before Trial
Outcome
Interim injunction granted; order and directions for speedy trial approved by consent.
Legal Topics
Restrictive Covenants, Confidential Information, Springboard Injunctions, Employee Duties, Trade Secrets, Interim Injunctions
Employment Law Commercial Law Restrictive Covenants Confidential Information Springboard Injunctions Employee Duties Trade Secrets Interim Injunctions

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Parties

M&E Global (Staffing) Solutions Limited

Applicant/claimant

M&E Global Resources Limited

Applicant/claimant

Mr Russell Tudge

Respondent/defendant

Mr Johnny Oaks

Respondent/defendant

Mr Stuart McIntosh

Respondent/defendant

Mr Michael Kobicke

Respondent/defendant

DSG Service Gesellschaft mbH

Respondent/defendant

DSG Personal Services GmbH

Respondent/defendant

J&M Maintenance & Logistics Services Limited

Respondent/defendant

Procedural Posture

Interim Application for Injunctive Relief / Interim Relief Hearing Before Trial

Legal Issues

  1. 1 Whether the restrictive covenant in Mr Tudge's contract is enforceable
  2. 2 Whether confidential information was misused by the defendants
  3. 3 Whether springboard relief is justified

Ratio Decidendi

The restrictive covenant is enforceable as it protects legitimate business interests and is reasonably necessary; there is a serious issue to be tried regarding misuse of confidential information and unfair advantage; damages would not be an adequate remedy; the balance of convenience favours granting interim relief.

Court Disposition

Interim injunction granted; order and directions for speedy trial approved by consent.

Orders

  • Enforcement of remaining restrictive covenant period against Mr Tudge
  • Delivery up and deletion of confidential information by defendants